What to Do When Your Florida HOA Fails to Maintain Common Areas

Key Takeaways

• HOAs in Florida have a legal duty to maintain common areas as defined in the governing documents and Chapter 720. The declaration of covenants typically assigns specific maintenance responsibilities to the association.
• Section 720.305(1) allows homeowners to bring an action to compel compliance with the governing documents. A homeowner who prevails may recover attorney fees and costs.
• For condominiums, Section 718.113(1) makes common element maintenance the association’s responsibility. The association must maintain, repair, and replace condominium property as required by the declaration.
• Homeowners should document the condition, submit written notice, and request official records before pursuing legal action. The records request starts a 10-business-day compliance clock under Section 720.303(5).
• Injunctive relief is available, including emergency relief even when presuit mediation would otherwise apply. See Section 720.311, Fla. Stat.

In This Article

• Short Answer
• How Florida Law Handles This Issue
• Key Legal Rules
• Chapter 718 vs. Chapter 720 Comparison
• How This Issue Typically Comes Up
• Common Mistakes Associations Make
• What Associations Typically Argue — and Why It Fails
• How Courts Handle This
• Edge Cases and Nuances
• What Homeowners Should Do
• When Legal Action May Be Necessary
• Actionable Summary
• Related Knowledge — Cross-Chapter Linking
• Frequently Asked Questions
• Key Terms Defined

Short Answer

When a Florida HOA fails to maintain common areas, homeowners have the right to compel compliance through legal action. The HOA’s maintenance obligations are defined in the declaration of covenants and the association’s governing documents. Section 720.305(1), Florida Statutes, provides that an action at law or in equity may be brought to enforce compliance with Chapter 720 or the governing documents, and the prevailing party is entitled to recover attorney fees and costs. An Aventura, FL HOA lawyer can help homeowners enforce these rights and pursue appropriate legal remedies.

How Florida Law Handles This Issue

Florida law establishes maintenance obligations for both HOAs and condominium associations, though the statutory frameworks differ.

For HOAs, the maintenance obligation flows primarily from the governing documents. Chapter 720 establishes the association’s powers and duties but does not contain a detailed statutory maintenance mandate comparable to the condominium statute. The declaration of covenants typically assigns responsibility for common areas to the association and obligates it to maintain, repair, and replace those areas.

Section 720.305(1) requires each member and the member’s tenants, guests, and invitees, and each association, to comply with Chapter 720, the governing documents, and the rules of the association. Any member may bring an action to enforce compliance, and the prevailing party is entitled to recover reasonable attorney fees and costs.

The statute also imposes fiduciary duties on directors and officers:

“The officers and directors of an association are subject to s. 617.0830 and have a fiduciary relationship to the members who are served by the association.”

For condominiums, the statutory obligation is more explicit. Section 718.113(1), Florida Statutes, provides:

“Maintenance of the common elements is the responsibility of the association, except for any maintenance responsibility for limited common elements assigned to the unit owner by the declaration. The association shall provide for the maintenance, repair, and replacement of the condominium property for which it bears responsibility pursuant to the declaration of condominium.”

Additionally, Section 718.111(5) gives the association an irrevocable right of access to units during reasonable hours when necessary for maintenance, repair, or replacement of common elements or to prevent damage to common elements or another unit.

In communities across South Florida, Central Florida, and the Tampa Bay region, maintenance disputes are among the most common issues homeowners face with their associations.

Key Legal Rules

• Rule: The HOA must maintain common areas as required by the declaration and governing documents. Exception: Some declarations assign maintenance of limited common areas to individual homeowners. Application: Review the declaration to determine which entity bears responsibility for the specific area in dispute.
• An action to enforce HOA compliance with governing documents may be brought by any member. The prevailing party is entitled to attorney fees and costs. See Section 720.305(1), Fla. Stat.
• For condominiums, maintenance of common elements is the statutory responsibility of the association unless the declaration assigns limited common element maintenance to unit owners. See Section 718.113(1), Fla. Stat.
• The association’s officers and directors owe a fiduciary duty to the members. Persistent failure to maintain common areas while spending on other priorities may constitute a breach of that duty. See Section 720.303(1), Fla. Stat.
• Homeowners have the right to inspect official records within 10 business days of a written request, including vendor contracts, maintenance logs, inspection reports, and board minutes. See Section 720.303(5), Fla. Stat.
• Many HOA disputes require presuit mediation under Section 720.311, but emergency injunctive relief may be sought without first complying with presuit mediation requirements when necessary to prevent imminent harm.
• Rule (Condominiums): The condominium association has both a statutory duty under Section 718.113(1) and a contractual duty under the declaration to maintain, repair, and replace common elements. Exception: Limited common elements may be assigned to unit owners by the declaration. Application: When the association breaches this duty and damage results inside a unit, the owner may bring breach of contract and/or negligence claims for all proximately caused damages.
• Insurance allocation does not eliminate the condominium association’s liability for common element maintenance failures. The unit owner’s right to pursue the association directly for consequential damages exists independently of any insurance coverage. See Section 718.113(1), Fla. Stat.
• Rule (HOAs): For HOAs, the enforcement mechanism for maintenance failures is Section 720.305(1), and the duty to maintain flows from the declaration of covenants rather than a specific statutory maintenance mandate comparable to Section 718.113(1). Any member may bring an action to compel compliance, and the prevailing party recovers attorney fees and costs.

Chapter 718 vs. Chapter 720: Maintenance Obligations

Issue	Chapter 718 (Condos)	Chapter 720 (HOAs)
Statutory maintenance duty	Section 718.113(1) — explicit statutory duty to maintain, repair, and replace common elements	No equivalent detailed statute; duty flows from declaration and fiduciary obligations under Section 720.303(1)
Access to units for repairs	Section 718.111(5) — irrevocable right of access during reasonable hours	Governed by declaration provisions; no specific statutory access right
Records access for maintenance disputes	Section 718.111(12) — 10 working days; $50/day penalty	Section 720.303(5) — 10 business days; $50/day penalty
Enforcement mechanism	Section 718.303 — prevailing party fees	Section 720.305(1) — prevailing party fees
Presuit requirement	Section 718.1255 — mandatory nonbinding arbitration for many disputes	Section 720.311 — mandatory presuit mediation; emergency relief exception

How This Issue Typically Comes Up

An HOA acknowledges a common area problem but takes no action for months

A homeowner in a Broward County HOA community reports a failing perimeter wall and drainage issues affecting multiple properties. The board acknowledges the problem at a meeting, approves hiring a contractor, but months pass with no work scheduled. The homeowner requests records and discovers no vendor contracts, no bids, and no budget allocation. The pattern of acknowledgment without action demonstrates a failure to fulfill the association’s maintenance duty under the declaration.

A condominium association claims a maintenance issue is the unit owner’s responsibility

A unit owner in an Orlando condominium reports water intrusion from a common element pipe running through the ceiling. The association responds that the damage is “inside the unit” and refuses to investigate or repair. Under the declaration, pipes serving multiple units are common elements, and Section 718.113(1) makes their maintenance the association’s responsibility regardless of their physical location.

The board shifts priorities away from necessary maintenance

An HOA in a Tampa-area community collects assessments but directs funds toward cosmetic improvements to the clubhouse while sidewalks, lighting, and pool equipment deteriorate. Homeowners who raise the issue at meetings are told the board is “working on the budget.” The board’s fiduciary duty requires prioritizing necessary maintenance over discretionary spending, and the failure to do so may support an action for breach of fiduciary duty.

Common Mistakes Associations Make

• Claiming a maintenance issue is the homeowner’s responsibility without reviewing the declaration. The declaration, not the board’s opinion, determines who is responsible for maintaining each area.
• Indefinitely delaying repairs while claiming to be “evaluating” or “getting bids.” Persistent inaction is not a defense when the obligation to maintain is clear.
• Failing to fund necessary maintenance through assessments or reserves. The association has the authority to levy assessments for required maintenance, and refusing to do so while allowing conditions to worsen is a breach of the board’s fiduciary duty.
• Refusing to provide records related to the maintenance dispute. Under Section 720.303(5), records must be produced within 10 business days, and failure creates a presumption of willful noncompliance.
• Restricting homeowner access to board meetings where maintenance decisions are discussed. Florida law requires that board meetings be open to members.

What Associations Typically Argue — and Why It Fails

“We don’t have the budget for repairs right now.”

Budget constraints do not excuse the failure to maintain. Florida law gives associations the authority to levy assessments for necessary repairs. A board that refuses to fund required maintenance while the property deteriorates is not exercising reasonable business judgment; it is failing to fulfill a duty imposed by the governing documents and fiduciary law.

“That area is the homeowner’s responsibility.”

Responsibility is determined by the declaration, not by the board’s characterization. If the declaration assigns maintenance of the area to the association, the board cannot shift that obligation to individual homeowners. For condominiums, Section 718.113(1) makes common element maintenance the association’s statutory duty.

“We are waiting on bids and evaluating options.”

Reasonable evaluation periods are appropriate, but indefinite delay is not. When records show no bids obtained, no vendors contacted, and no timeline established, the “evaluation” defense collapses. Courts look for evidence of good-faith efforts, not excuses.

How Courts Handle This

Florida courts treat common area maintenance obligations as enforceable contractual and statutory duties. When a homeowner demonstrates that the declaration assigns maintenance responsibility to the association and the association has failed to perform, courts can order specific performance through injunctive relief.

Courts examine the board’s conduct for evidence of good faith. A board that can show it obtained professional assessments, solicited bids, allocated funds, and established a timeline is in a stronger position than one that cannot produce any evidence of action. The absence of records supporting the association’s claimed efforts is often the most damaging evidence in these cases.

Injunctive relief — a court order requiring the association to perform specific maintenance — is the most common remedy. Courts may also award damages for decreased property values, loss of use, and personal injuries resulting from the association’s failure to maintain. The prevailing homeowner recovers attorney fees under Sections 718.303 and 720.305.

Edge Cases and Nuances

• Limited common elements with shared responsibility. Some declarations assign maintenance of limited common elements to individual homeowners while reserving structural or exterior maintenance to the association. When damage involves both the limited common element and the common element, determining responsibility requires careful analysis of the declaration’s maintenance provisions.
• Self-help repairs by homeowners. Homeowners who perform repairs to common areas without authorization may face enforcement action from the association and may not be reimbursed. Self-help can also weaken the homeowner’s legal position by muddying the record of the association’s failure. An attorney should be consulted before performing any work on association-maintained property.
• Post-hurricane or disaster maintenance disputes. After a major storm, associations face urgent repair needs across multiple areas simultaneously. While prioritization is necessary, sustained failure to address dangerous conditions — even amid competing demands — can still support a legal claim. Emergency injunctive relief is available when safety is at risk.
• Management company liability. Some homeowners direct their frustration at the management company, but the legal duty to maintain rests with the association. The management company acts as the association’s agent. The claim runs against the association, even if the management company’s negligence caused the delay.

What Homeowners Should Do

1. Document the condition with dated photographs and videos. Update the documentation as conditions worsen. This evidence establishes the timeline of the association’s inaction.
2. Submit written notice to the board and management company. Describe the issue, its location, and why it poses a safety or property damage risk. Send by certified mail, return receipt requested.
3. Request official records in writing. Ask for vendor contracts, bids, inspection reports, maintenance logs, board minutes discussing the issue, and budget/reserve records. Track the 10-business-day deadline under Section 720.303(5).
4. Attend board meetings where the maintenance issue is discussed. Florida law requires board meetings to be open. Your presence creates a record and ensures accountability.
5. Ask for specifics: bids, vendor, scope of work, start date. If the board says it is “working on it,” the records should confirm that claim.
6. Consult an attorney who represents homeowners. If the association continues to fail to maintain after written notice, an attorney can evaluate whether legal action — including emergency injunctive relief — is appropriate.

When Legal Action May Be Necessary

Legal action is appropriate when the association has been given written notice of a maintenance failure, a reasonable period has passed without meaningful action, and the condition creates a safety risk, causes ongoing property damage, or reduces property values. Homeowners may seek injunctive relief compelling the association to perform required maintenance, damages for property loss or diminished value, and attorney fees under Section 720.305(1) (for HOAs) or Section 718.303 (for condominiums).

For condominium unit owners, the right to pursue the association for damages arising from common element maintenance failures exists independently of insurance. The association’s liability for breach of contract and negligence is not displaced by the existence of master insurance coverage or the unit owner’s HO-6 policy. A unit owner who suffers damage from a common element maintenance failure may pursue the association directly for all proximately caused consequential damages, even if insurance coverage is disputed, denied, or inadequate.

Emergency injunctive relief may be sought without first complying with presuit mediation requirements when the condition poses an imminent safety risk. After the emergency is addressed, the court may refer the parties to mediation for remaining issues.

Actionable Summary

Situation	Your Right	Legal Basis
HOA fails to maintain common areas required by declaration	Bring action to compel compliance; recover attorney fees if you prevail	Section 720.305(1), Fla. Stat.; declaration provisions
Condo association refuses to repair common elements	Association has statutory and contractual duty to maintain; owner may bring breach of contract and negligence claims independently of insurance	Section 718.113(1), Fla. Stat.; Declaration of Condominium
Association refuses to provide maintenance records	Records must be produced in 10 business days; $50/day penalty applies	Section 720.303(5), Fla. Stat.; Section 718.111(12), Fla. Stat.
Safety hazard requires immediate repair	Emergency injunctive relief available without presuit mediation	Section 720.311, Fla. Stat.
Board shifts maintenance cost to individual homeowner	Declaration determines responsibility, not the board	Declaration provisions; Section 718.113(1), Fla. Stat.

Your Right to Sue the Condominium Association for Maintenance Failures

The following applies to the Chapter 718 condominium portions of this article. When a condominium association fails to maintain, repair, or replace a common element as required by Section 718.113(1), Florida Statutes, and the declaration of condominium, and that failure causes damage inside a unit, the affected unit owner generally has two independent legal claims:

Breach of Contract

The declaration of condominium is a binding contract between the association and every unit owner. When the association fails to fulfill its maintenance obligations under the declaration and the statute, that failure is a breach of contract. The unit owner may recover damages for all losses proximately caused by the breach, including damage to interior finishes, personal property, contents, and loss of use of the unit.

Negligence

The association owes a duty of reasonable care in maintaining the common elements. When the association knew or should have known of a condition requiring repair and failed to act with reasonable diligence, the failure constitutes negligence. The unit owner may recover all damages proximately caused by the association’s negligent conduct.

These claims exist independently of insurance

The question of how costs are allocated between the association’s master insurance policy and the unit owner’s HO-6 policy is separate from the question of whether the association is liable for failing to maintain common elements. A unit owner may pursue the association directly for all damages proximately caused by the maintenance failure, including consequential damages such as interior finishes, contents, and loss of use, even if insurance coverage is disputed, denied, or inadequate.

If the association’s failure to maintain a common element causes damage inside your unit, you may have a claim against the association for breach of the declaration and negligence, in addition to any insurance benefits, and our firm handles these cases for Florida condominium owners.

Related Knowledge — Cross-Chapter Linking

Chapter 720 (HOAs): HOA maintenance obligations are governed primarily by the declaration. The enforcement mechanism for an HOA’s failure to maintain common areas is Section 720.305(1) — the duty flows from the declaration rather than a specific statutory maintenance mandate comparable to Section 718.113(1). Any member may bring an action to compel compliance, and the prevailing party recovers attorney fees. Presuit mediation under Section 720.311 applies to most disputes, with an exception for emergency injunctive relief.

Chapter 718 (Condos): Section 718.113(1) imposes an explicit statutory duty on condominium associations to maintain, repair, and replace common elements. This duty is both statutory and contractual under the declaration. When a breach of this duty causes damage inside a unit, the owner may bring claims for breach of contract and negligence independently of any insurance coverage. Section 718.111(5) provides the association with an irrevocable right of access to units for necessary repairs. Section 718.303 provides the enforcement mechanism with prevailing party fees. Presuit mandatory nonbinding arbitration under Section 718.1255 applies to many disputes.

Frequently Asked Questions

Can I withhold HOA dues if the association is not maintaining common areas?

No. Florida law does not permit homeowners to withhold assessments as a self-help remedy for maintenance failures. The association can pursue collection, including liens and foreclosure, regardless of the maintenance dispute. The correct legal remedy is to bring an action under Section 720.305(1) to compel compliance and recover attorney fees if you prevail.

What records can I request to prove my HOA is not maintaining common areas?

Under Section 720.303(5), you can request vendor contracts, bids, scopes of work, inspection reports, maintenance logs, board meeting minutes, work orders, invoices, and budget and reserve records. The association must produce these within 10 business days of receiving your written request. Failure to produce creates a presumption of willful noncompliance and triggers statutory damages of $50 per day.

Is the process different for condominiums?

Yes. Section 718.113(1), Florida Statutes, imposes an explicit statutory duty on condominium associations to maintain common elements. This duty is also contractual under the declaration. When a condominium association breaches this duty and causes damage inside a unit, the owner may bring independent claims for breach of contract and negligence — claims that exist regardless of how insurance proceeds are allocated. The enforcement mechanism is Section 718.303 rather than Section 720.305. Presuit procedures differ: condominiums use mandatory nonbinding arbitration under Section 718.1255, while HOAs use mandatory presuit mediation under Section 720.311. Both provide for prevailing party attorney fees.

Can I get emergency court relief if the maintenance failure is dangerous?

Yes. While many HOA disputes require presuit mediation under Section 720.311, a motion for temporary injunctive relief may be filed without first complying with presuit mediation when emergency relief is necessary. For condominiums, Section 718.1255 similarly permits emergency relief. After the emergency is addressed, the court may refer the remaining issues to mediation or arbitration.

Should I fix the common area myself if the HOA will not?

Generally, no. Performing unauthorized repairs to common areas may trigger enforcement action against you and may not be reimbursed. Self-help can also weaken your legal position by complicating the record of the association’s failure. Consult an attorney before performing any work on association-maintained property.

Key Terms Defined

Common areas (HOA): Property owned or maintained by the homeowners’ association for the benefit of all members, as defined in the declaration of covenants. Typically includes streets, sidewalks, landscaping, pools, clubhouses, gates, and similar shared amenities.

Common elements (Condo): All portions of the condominium property not included in the units. Under Section 718.113(1), maintenance of common elements is the association’s statutory responsibility.

Fiduciary duty: The legal obligation of the association’s officers and directors to act in good faith and in the best interest of the members. Persistent failure to maintain common areas may breach this duty.

Injunctive relief: A court order requiring a party to perform a specific act or stop a specific act. In maintenance disputes, injunctive relief can compel the association to perform required repairs.

Presuit mediation: A mandatory step before filing certain HOA lawsuits under Section 720.311. The parties must attempt to resolve the dispute through mediation before proceeding to court, with an exception for emergency relief.

Conclusion

Florida law provides homeowners with enforceable remedies when an HOA or condominium association fails to maintain common areas. The association’s maintenance obligations are defined in the governing documents and, for condominiums, in Section 718.113(1) of the Florida Statutes. Under Section 720.305(1), any member may bring an action to compel compliance with the governing documents, and the prevailing party is entitled to recover reasonable attorney fees and costs.

About the Author

Michael P. Mayoral, Esq. (Florida Bar No. 112080) is a co-founder of Perez Mayoral, P.A. and leads the firm’s homeowner-side property damage and maintenance litigation practice. He represents homeowners across Florida in disputes involving common area maintenance failures, water intrusion, structural defects, and repair obligations under Chapters 718 and 720. He has been featured by NBC Miami, the Daily Business Review, and the Sun Sentinel on condominium law issues and is the author of a LexisNexis practice guide on Florida condominium disputes.

How We Can Help

If your HOA or condominium association is failing to maintain common areas, the attorneys at our firm can evaluate your governing documents, document the association’s failure, and pursue legal remedies including injunctive relief and damages. We represent homeowners only. We never represent associations. Our offices are in Coral Gables, Tampa, and Orlando.

Contact Perez Mayoral, P.A. to schedule a consultation.

Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws change; consult a licensed Florida attorney for advice specific to your situation.

Sources and References

• Section 718.113(1), Florida Statutes (Maintenance of Common Elements)
• Section 718.111(5), Florida Statutes (Association Access to Units)
• Section 718.303, Florida Statutes (Obligations; Prevailing Party Fees)
• Section 720.305(1), Florida Statutes (HOA Enforcement; Prevailing Party Fees)
• Section 720.303(5), Florida Statutes (HOA Official Records)
• Section 720.311, Florida Statutes (HOA Dispute Resolution; Mediation)